Brown v. Chrysler Credit Corp.

BARRY, Judge.

On or about June 24, 1982 William Brown, d/b/a Bill’s Auto Sales, purchased two used trucks from Chrysler Credit Corporation. Chrysler obtained the trucks by dation en paiement from Key Dodge Sales, Inc. which had used the vehicles, though new, for its own purposes. Titles were never issued.

Chrysler sent a “Certificate of Origin” for each truck to Brown. The State refused to issue certificates of title to Brown who then filed this suit to rescind the sale based on redhibition.

Chrysler filed exceptions of prescription, no cause of action, and vagueness. The district court…